Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE, (FIRST CLASS),
71ST COURT, BANDRA, MUBAI.
CNR NO.MHMM18-004386-2024 C. C. No. :-52/DV/2024
Firdous Jahan Rafiuallah Siddiqui
V/s. Suhail Ahmed & Ors..
ORDER BELOW
EXH.12
Perused application. Heard.
2. The applicant/respondent filed this application for set aside
the No Reply order dated 23/01/2026 and ready to file reply.
3. The applicant submitted that, due to change of previous
Advocate and not obtaining complete case papers and instructions
pertaining to the matter on 23/01/2026 this court passed an order of No
Reply against the applicant. Further the applicant/ respondent desired to
proceed on merits and never intended to disregard the order of this court.
4. The applicant further submitted that, now proposed reply has
been prepared and also ready for filing. The same raised substantial and
material facts which are necessary for the proper adjudication of the
controversy involved in the present proceeding. If applicant not allowed to
file reply would result in serious prejudice to him and may lead to
adjudication of the matter without considering defence of respondents.
5. On other hand if reply is taken on record no irreparable
prejudice or hardship would be caused to the original applicant. Further,
the balance of convenience lied in favour of granting the present
application and permitted the mater to be decided on merits after
considering the pleadings of both parties.
6. Hence, applicant/ respondent prayed for recall or set aside the
No Reply order dated 23/01/2026 passed against respondents and
allowed respondents to file their reply and be pleased to take the same on
record.
7. On perusal of the record it reflects that, the matter is pending
since 2024. Respondent served with notice but not filed his say till today.
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Today respondent appeared alongwith his say. It is true respondent not
filed his say till today but fair opportunity cannot be denied. It is true
matter is delayed due to act of respondent but said can be compensated by
imposing certain monetary relief. It is rule of natural justice both parties
should be given full opportunity to put their side. Hence, considering the
facts and circumstances and principal of natural justice, I am inclined to
pass following order.
ORDER
1. The application below (Exh.-12) is hereby allowed subject to
cost of I.1,500/-.
2. Order passed dated 23/01/2026 pertaining to no reply is set
aside.
3. Respondent is directed to attend court regularly.
Mumbai.
Date : 16/06/2026.
SRD
(S. M. Ghuge)
Judicial Magistrate (First Class),
71st Court, Bandra, Mumbai.
Dictated on :- 16/06/2026.
Transcribed on :- 16/06/2026.
Checked on :- 16/06/2026.
Signed on :- 16/06/2026.
SRD
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